Torts II

Restatement Second of Torts § 821C


Who Can Recover for Public Nuisance

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  1. In order to recover damages in an individual action for a public nuisance, one must have suffered harm of a kind different from that suffered by other members of the public exercising the right common to the general public that was the subject of interference.
  2. In order to maintain a proceeding to enjoin to abate a public nuisance, one must
    1. have the right to recover damages, as indicated in Subsection (1), or
    2. have authority as a public official or public agency to represent the state or a political subdivision in the matter, or
    3. have standing to sue as a representative of the general public, as a citizen in a citizen's action or as a member of a class in a class action.